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Article

Институт недобросовестной конкуренции по законодательству ЮАР

This article describes the questions of the definition “unfair competition” and specific protection against unfair competition.

It reviews doctrinal and legal features of the term “unfair competition” by the law South Africa. These features are made to set up correlation and distinguish between the notion «unfair competition» and similar phenomena.

It set out system of the sources of South Africa law, which regulate the relations in the field of countering unfair competition, the place of the Institute of unfair competition in the system South Africa law, for example, noted the comprehensive nature of this institution.

Moreover, this article is considered the problems of protection against acts of unfair competition are widely covered in the legal practice, classification of legal protection forms (factual and juridical, jurisdictional and not jurisdictional, public and private, etc.) and remedies. 

It is proposed to distinguish general and specific remedies of the protection against unfair competition.  There are following general remedies against unfair competition: 1) action injuriarum и 2) action legis Aquiliae, 3) interdicts and 4) Anton Piller orders.